2008 Legislative Session _ 2008

Committee: House Commerce
Monday, January 28, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ahlers
P    Boomgarden
P    Dreyer
P    Engels
P    Hunt
E    Juhnke
P    Noem
P    Novstrup (David)
P    Nygaard
P    Pederson (Gordon)
P    Street
P    Willadsen, Vice-Chair
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Tim Rounds, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 25, 2008

Moved by:    Pederson (Gordon)
Second by:    Hunt
Action:    Prevailed by voice vote.

        
HB 1177: create the beverage container recycling and redemption program.

Proponents:    Norma Wilson, SD Peace and Justice Center (Handout #1)
        Jerry Wilson, SD Chapter Sierra Club

        THE CHAIR DEFERRED HB 1177 UNTIL MONDAY, FEBRUARY 4, 2008



        
HB 1321: revise certain provisions concerning alcoholic beverage licenses authorized for certain municipal facilities.

Presented by:    Representative Brian Dreyer
Proponents:    Mason Short, Rapid City Regional Airport
        Yvonne Taylor, SD Municipal League

        THE CHAIR DEFERRED HB 1321 UNTIL WEDNESDAY, FEBRUARY 4, 2008

        
HB 1142: authorize additional off-sale retail liquor licenses in certain municipalities.

Presented by:    Representative Brian Dreyer
Proponents:    Larry Nelson, Hy-Vee, Inc.
        Jim Hood, SD Retailers Assn.
        David Owen, SD Chamber of Commerce & Industry
        Dick Gregerson, Sioux Falls Chamber
        Don Feist, Lynn's Dakotamart
Opponents:    Josh Thomas, T&T Liquors & Fine Cigars
        Traci Harvey, Sioux Falls, SD
        Bill Kingen, Liquor Spot, Sioux Falls, SD
        Robert Wentz, Booze Boys Liquor Stores, Sioux Falls, SD
        Greg Stahl, Sioux Falls, SD

Dock Stauffer, Hi-V, Inc. answered questions of the Commitee.

MOTION:     AMEND HB 1142

1142sa

On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 35-4-4 be amended to read as follows:

     35-4-4.   No person, corporation, or business entity may be the holder of hold or have an interest in more than three retail licenses issued under subdivision 35-4-2(3), (4), (6), or (13). However, a person, corporation, or business entity may hold or have an interest in three additional retail licenses issued under subdivision 35-4-2(4) if the licensee derives more than fifty percent of the licensee's annual gross receipts from the sale of food at the location where the license is held. Any person, corporation, or business entity may hold or have an interest in additional retail licenses issued under subdivision 35-4-2(3) in municipalities of the first class if the licensee derives more than fifty

percent of the licensee's annual gross receipts from the sale of food, prepared food, and food ingredients at the location where the license is held. Any such new licensee under subdivision 35-4- 2(3) shall sell its alcoholic beverages, other than malt beverages, in an area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall, fence, rope, railing, or other physical feature erected for the sole purpose of separating the area in which the alcoholic beverages are sold from the rest of the establishment. For purposes of this section, location means one contiguous piece of real estate on which sales are generated by the licensee. "

Moved by:    Noem
Second by:    Street
Action:    Prevailed by voice vote.

MOTION:     AMEND THE AMENDMENT

1142sb

     On the previously adopted amendment (1142sa), delete " , fence, rope, railing, or other physical feature " and insert " or fence "

Moved by:    Nygaard
Second by:    Dreyer
Action:    Prevailed by voice vote.

MOTION:     CALL THE QUESTION

Moved by:    Pederson (Gordon)
Second by:    Boomgarden
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1142 AS AMENDED

Moved by:    Dreyer
Second by:    Willadsen
Action:    Failed by roll call vote. (6-6-1-0)

Voting Yes:    Dreyer, Novstrup (David), Nygaard, Pederson (Gordon), Street, Willadsen

Voting No:    Ahlers, Boomgarden, Engels, Hunt, Noem, Rounds

Excused:    Juhnke

        THE CHAIR DEFERRED HB 1142 UNTIL FEBRUARY 4, 2008

        
HB 1203: provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

Presented by:    Representative Brian Dreyer (Handout #2)
Proponents:    Deb Hadcock, Rapid City Downtown Association (Handout #3)
        Bob Fuchs, Rapid City Downtown Association
        Yvonne Taylor, SD Municipal League
        Pat McElgunn, Rapid City Chamber of Commerce
        Arnold Brown, Brookings Chamber of Commerce, Brookings
Opponents:    Andrew Fergel, Department of Revenue & Regulation

MOTION:     DO PASS HB 1203

Moved by:    Nygaard
Second by:    Dreyer
Action:    Prevailed by roll call vote. (8-3-2-0)

Voting Yes:    Boomgarden, Dreyer, Engels, Novstrup (David), Nygaard, Pederson (Gordon), Street, Rounds

Voting No:    Hunt, Noem, Willadsen

Excused:    Ahlers, Juhnke

MOTION:     ADJOURN

Moved by:    Pederson (Gordon)
Second by:    Engels
Action:    Prevailed by voice vote.

Carolyn Jorgensen

____________________________

Committee Secretary
Tim Rounds, Chair


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